Case Law Library

[Unpublished] In an effort to avoid the exclusivity provisions of the workers compensation scheme, there is no theory in which plaintiff can prevail against defendants listed as employers on plaintiff's complaint. Plaintiff could have, but did not, move to amend his complaint; his failure to do so means he is stuck with the complaint as pleaded.

The injured worker's injuries arose from an event commonly thought of as environmental pollution. An ordinary insured would reasonably expect that the release of methylene chloride into a public sewer is environmental pollution.

Substantial evidence existed to prove that a stroke which rendered a 50-year-old paramedic permanently and totally disabled arose out of and in the course of employment, even though the applicant had allegedly refused to undergo a medical test that might have disproved his treating physician's causation theory.

Today's Round Up

02/22/2018 |
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Federal inspectors are proposing penalties of $195,144 against an Alabama plastics manufacturer for safety violations they say they discovered after the death of an employee who was pulled into a plastics recycling machine.
The Occupational Safety and Health Administration cited ABC Polymer Industries LLC in Helena for one willful violation: failing to provide a machine guard to protect employees from caught-in amputation hazards.
OSHA also issued citations for repeat, serious and other-than-serious violations, including failing to evaluate all powered industrial trucks every three year...
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02/21/2018 |
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60 min read

Ohio prosecutors on Friday unveiled a 272-count indictment against a physician who is accused of running a pill mill out of his office in Jackson Township that overprescribed medications to the point that two patients died of overdoses.
Dr. Frank D. Lazzerini
(Stark County Jail)
The Stark County grand jury charges Dr. Frank D. Lazzerini with two counts of involuntary manslaughter and with trafficking opioids, sedatives, anti-anxiety pills and stimulants, CantonRep.com reported.
Stark County sheriff’s deputies raided Lazzerini’s office two years ago and arrested him at his...
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02/21/2018 |
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18 min read

Texas Mutual Insurance Co. announced Tuesday that it has hired Benjamin A. Siddons as vice president of business development.
Siddons joins Texas Mutual with more than 15 years of experience in the insurance industry, seven of those in the workers’ compensation field, the carrier said. He will be responsible for developing and implementing sales strategies to increase revenue and profits.
Siddons most recently served as president of Redpoint Workers’ Comp (previously Texas Builders Insurance Co. and Hallmark Workers’ Comp), where he oversaw underwriting, marketing and ...
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02/21/2018 |
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26 min read

The Hartford announced a deal to acquire California-based Farmers Exchanges’ small commercial business sold through independent agents.
Hartford said it entered a renewal rights agreement to acquire Foremost Insurance Co. The small commercial independent agent book of business sold through more than 5,000 agents and brokers throughout the country had about $200 million in annual premium as of Dec. 31, 2017, according to a statement the Hartford released Monday.
The policies cover three primary lines including workers’ compensation, commercial auto and business policies for proper...
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